1. (1)

   1. (a) A tobacco retailer shall hold a valid tobacco retail permit issued in accordance with this part by the local health department with jurisdiction over the physical location where the tobacco retailer operates.

   2. (b) A tobacco retailer without a valid permit may not:

      1. (i) place a tobacco product, an electronic cigarette product, or a nicotine product in public view;
      2. (ii) display any advertisement related to a tobacco product, an electronic cigarette product, or a nicotine product that promotes the sale, distribution, or use of those products; or
      3. (iii) sell, offer for sale, or offer to exchange for any form of consideration, tobacco, a tobacco product, an electronic cigarette product, or a nicotine product.

2. (2) A local health department may issue a permit under this part for a tobacco retailer in the classification of:

   1. (a) a general tobacco retailer; or
   2. (b) a retail tobacco specialty business.

3. (3) A permit under this part is:

   1. (a) valid only for one physical location, including a vending machine;
   2. (b) valid only at one fixed business address; and
   3. (c) if multiple tobacco retailers are at the same address, separately required for each tobacco retailer.

Renumbered and Amended by Chapter 308, 2023 General Session